ASPEK YURIDIS PENERIMA HAK SUBROGASI UNTUK MENERIMA GANTI RUGI DALAM SENGKETA KEPERDATAAN (STUDI KASUS PT. SEJAHTERA BAHTERA AGUNG DAN PT. ASURANSI JASA INDONESIA)

Judicial aspect of the receiver of subrogation Right to receive a compensation in the Legal dispute. Case: PT. Sejahtera Bahtera Agung Versus PT. Asuransi Jasa Indonesia). The objective of this research is to apply the subrogation in the case of the legal standing of the receiver of subrogation in civil law in Indonesia and Applying subrogation in relation with the legal protection for the receiver of subrogation Right. The method of research used is normative judicial approach by way of library research by studying the primary, secondary and tertiary law documents. Further on, field research is also used in order to obtain relevant materials as support the data that have been collected from the library research. Based on the analysis of library data and the outcome of the research, the writer has made a description that the subrogation Right which have been formed based on the agreement in the form subrogation letter can be used as a basis of transferring the compensation for the loss of the Damai Lestari ship owned by PT. Sejahtera Bahtera Agung to PT. Asuransi Jasa Indonesia for the benefit of PT. Petrokimia Gresik. PT. Asuransi Jasa Indonesia as the receiver of the subrogation is acting as insurer replacing the position of the third party in paying compensation for the loss it has made. Never the less, the responsibility of PT. Asuransi Jasa Indonesia is limited to the insured amount which had been agreed upon between PT. Petrokimia Gresik (as the Insured Party) and PT. Asuransi Jasa Indonesia (as the insurer party), which is broken by a Marine cargo Policy, Number 513.105.300.08.0347, dated July 13 2008. Therefore, PT. Petrokimia Gresik can only claim the amount which has not been met, that is the penalty of the 125 % from the total loss suffered which have to be claimed to PT. Sejahtera Bahtera Agung as stated in the clause III, Number 3 � the regulation of product shipment by sea port to Port PT. Petrokimia Gresik. Number 1497. 1/1. G. 02. 01/ M1/ 2008, that is a penalty of 125 % from the value of the fertilizer, amounting 10,900 metric to, base on the price set by PT. Petrokimia Gresik. A legal protection can be made by two types, that is, legal protection �for the sake of law�, where there is no more compensation claim, whatever the reasons. In the case of compensation claim to the insurer after this payment can be stated �Void for the sake of law� in order to avoid another compensation claim to PT. Asuransi Jasa Indonesia to be presented, based on this letter of subrogation is a proof which can be presented to PT. Sejahtera Bahtera Agung that the transfer of The right does not include the penalty imposed to PT. Sejahtera Bahtera Agung. Nevertheless, the demand for compensation for penalty should not be paid amounting 125 % but only 25 %, because the other 100 % has already been covered and transferred to PT. Asuransi Jasa Indonesia limited to the value of compensation totaling Rp. 15,605,000,000,